Citation Nr: 0209962
Decision Date: 08/15/02 Archive Date: 08/21/02
DOCKET NO. 97-29 665 ) DATE
)
)
On appeal from the
Department of Veterans Affairs Regional Office in Atlanta,
Georgia
THE ISSUES
Entitlement to service connection for prostate cancer.
(The issues of service connection for chronic peripheral
neuropathy, multiple myeloma, melanoma, and basal cell
carcinoma, to include as due to Agent Orange exposure are the
subject of a later Board decision.)
REPRESENTATION
Appellant represented by: The American Legion
WITNESS AT HEARING ON APPEAL
Appellant
ATTORNEY FOR THE BOARD
A. Hinton, Counsel
INTRODUCTION
The veteran served on active duty from March 1964 to March
1968.
This matter comes before the Board of Veterans' Appeals
(Board) on appeal from an April 1997 rating decision of the
Department of Veterans Affairs (VA) Regional Office in
Atlanta, Georgia (RO), which denied the benefits sought on
appeal. During a hearing before the undersigned member of the
Board in June 2002 the appellant raised the issue of service
connection for bladder cancer. This issue has not been
adjudicated by the RO and is referred to the RO for
appropriate action.
The Board is undertaking additional development with respect
to the issues of entitlement to service connection for
chronic peripheral neuropathy, multiple myeloma, melanoma,
and basal cell carcinoma, to include as due to Agent Orange
exposure pursuant to authority granted by 67 Fed. Reg. 3,099,
3,104 (Jan. 23, 2002) (to be codified at 38 C.F.R. §
19.9(a)(2)). When it is completed, the Board will provide
notice of the development as required by Rule of Practice
903. (67 Fed. Reg. 3,099, 3,105 (Jan. 23, 2002) (to be
codified at 38 C.F.R. § 20.903.) After giving the notice and
reviewing your response to the notice, the Board will prepare
a separate decision addressing those issues.
FINDING OF FACT
On June 11, 2002, prior to the promulgation of a decision in
the appeal, the appellant notified the Board that he was
requesting a withdrawal of his appeal concerning the issue of
service connection for prostate cancer.
CONCLUSION OF LAW
The criteria for withdrawal of a Substantive Appeal by the
appellant have been met. 38 U.S.C.A. §§ 7104, 7105 (d)(5)
(West 1991); 38 C.F.R. §§ 20.202, 20.204(b), (c) (2001).
REASONS AND BASES FOR FINDINGS AND CONCLUSION
Under 38 U.S.C.A. § 7105, the Board may dismiss any appeal
which fails to allege specific error of fact or law in the
determination being appealed. A Substantive Appeal may be
withdrawn in writing at any time before the Board promulgates
a decision. 38 C.F.R. §§ 20.202, 20.204(b). Withdrawal may
be made by the appellant or by his or her authorized
representative, except that a representative may not withdraw
a Substantive Appeal filed by the appellant personally
without the express written consent of the appellant. 8
C.F.R. § 20.204(c). In this case the veteran during a
hearing before the undersigned member of the Board sitting at
the RO on June 11, 2002 requested that the issue of service
connection for prostate cancer be withdrawn from appellate
consideration. A copy of the hearing transcript is on file.
There remains no allegations of errors of fact or law for
appellate consideration. Accordingly, the appeal is
dismissed without prejudice.
ORDER
The appeal concerning the issue of service connection for
prostate cancer is dismissed
ROBERT P. REGAN
Member, Board of Veterans' Appeals
IMPORTANT NOTICE: We have attached a VA Form 4597 that tells
you what steps you can take if you disagree with our
decision. We are in the process of updating the form to
reflect changes in the law effective on December 27, 2001.
See the Veterans Education and Benefits Expansion Act of
2001, Pub. L. No. 107-103, 115 Stat. 976 (2001). In the
meanwhile, please note these important corrections to the
advice in the form:
? These changes apply to the section entitled "Appeal to
the United States Court of Appeals for Veterans
Claims." (1) A "Notice of Disagreement filed on or
after November 18, 1988" is no longer required to
appeal to the Court. (2) You are no longer required to
file a copy of your Notice of Appeal with VA's General
Counsel.
? In the section entitled "Representation before VA,"
filing a "Notice of Disagreement with respect to the
claim on or after November 18, 1988" is no longer a
condition for an attorney-at-law or a VA accredited
agent to charge you a fee for representing you.